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Minutes

Blue Lake City Council
December 10, 2024

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Minutes
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December 10, 2024
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Blue Lake City Council
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1.Called to Order: 6:30 p.m.

Councilmembers Present: Mayor Jones, Mayor Pro-Tem Shull, Councilmember Edgar, Councilmember Scafani, Councilmember Firor
Staff Present: City Manager Mager, City Attorney Plotz, Office Assistant Quigley Public Present: Kit Mann, Melissa Combs, Rosy Derricott, Jason Crews, Lori Ponte, Dave Ponte, Elissa Rosado, Kat Napier, Michelle Lewis-Lusso, Julie Christie, Erin McClure, Jean Lynch, John Sawatzky, Ted Jones

2.Pledge of Allegiance

3.Approval of the Agenda
No public comment
Motion: To approve the agenda as presented
Motion by: Mayor Pro-Tem Shull
Seconded by: Councilmember Firor
Public Comment: None
Motion Summary: Consensus

4.Public Comment on Items not on the Agenda:

No public Comment

5. City Clerk Assignment: Appointment of Tonie Quigley to the position of Interim City Clerk.

Mayor Jones introduces the item and reads the staff report.

Staff recommends appointing Tonie Quigley as the interim clerk in order to facilitate the meeting and the seating of the newly elected Council.

No public comment
Motion: To appoint Tonie Quigley as the interim City Clerk Motion by: Councilmember Edgar
Seconded by: Councilmember Scafani

CITY OF BLUE LAKE

C A L I F O R N I A
111 Greenwood Road
P.O. Box 458
Blue Lake, CA 95525
(707) 668-5655
Fax: (707) 668-5916
www.bluelake.ca.gov

Blue Lake City Council Minutes
Tuesday, December 10, 2024, 2024 6:30 p.m. ~ Special Council Meeting Skinner Store Building ~ 111 Greenwood Rd., Blue Lake ~ Behind City Hall 2 | P a g e
Motion Summary: Consensus

6. Resolution Nubmer 2024-1235: A Resolution of the City Council of the City of Blue Lake Declaring the Results of a Municipal Election Held November 5, 2024 and Determining the Process for the Resolution of a Tie.

Mayor Jones introduces the item and reads the staff report.

City Attorney Plotz provides an overview of the item, along with the process recommended to break the tie.

Attorney Plotz recommends that the City Clerk write each candidates name on an identical piece of paper and draw a name from a container to determine the winner of the Council seat.

Public Comment:

Juan Cervantes: Introduces himself and asks why the City isn’t flipping a coin.

Attorney Plotz: Explains that flipping a coin comes with too many variables; drawing a name is straightforward.

Julie Christie: Thanks the Council and candidates for running and their service.

Motion: To adopt Resolution Number 2024-1235
Motion by: Councilmember Scafani
Seconded by: Councilmember Firor
Motion Summary: Consensus

7. Conduct City of Blue Lake City Council Election Tie-Breaker Mayor Jones and Kat Napier prepare their envelopes with their names inside; they are placed in the box and City Clerk Quigley asks former Blue Lake City Clerk, Karen Nessler to draw the winning envelope. City Clerk Quigley opens the envelope and shows that Kat Napier’s name was drawn.

Mayor Jones: Comments on her time on Council, including 12 years as the Mayor and highlights the projects that she is most proud of; thanks City staff and welcomes the new Council.

Mayor Pro-Tem Shull: Thanks Mayor Jones for her years of service and her love of Blue Lake.

Councilmember Edgar: Thanks the new Council; looks forward to moving forward.

8. New Council Members Pledge of Civility and Oath of Office City Clerk Quigley issues the oath of office and the pledge of civility; the elected Councilmembers take their seat at the Council dais.

9. Designation of Mayor and Mayor Pro-Tem:

City Manager Mager provides an overview of the duties and responsibilities of the Mayor and Mayor ProTem.

Kat Napier: States that she would prefer not to be Mayor at this time.

Councilmember Firor: States that he would also prefer not to serve in the Mayor’s role.

Motion: To appoint John Sawatzky to the Mayor
Motion by: Councilmember Lewis-Lusso
Seconded by: Councilmember Scafani
Motion Summary: Consensus
Motion: To appoint Elise Scafani to the position of Mayor Pro-Tem Motion by: Councilmember Lewis-Lusso
Seconded by: Councilmember Firor
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Motion Summary: Consensus

10. City of Blue Lake Commission Appointments:

Mayor Sawatzky introduces the item; City Manager Mager presents the item. The City has an opening on Parks and Recreation and the Public Safety Commission. The City received an application from Gloria Kay Baker for the Parks and Recreation and staff recommends appointing Gloria Kay Baker to the Parks and Recreation commission.

Councilmember Napier: Questions if the applicant lives in Blue Lake.

City Manager Mager: Explains that she does live in Blue Lake and that the commissions have different rules for membership.

Motion: To move this appointment to the January 28th meeting Seconded by: Mayor Pro-Tem Scafani
Public Comment:

Julie Christie: Comments that commissioners have been appointed in the past without being in attendance.

Mayor Pro-Tem Scafani: Comments on applicants attending meetings.

Councilmember Firor: Fully supports the appointment of Gloria and would like to make the appointment, but is okay moving it to January.

Motion Summary: Consensus

11. City of Blue Lake Housing Element Presentation and Public Hearing Mayor Sawatzky introduces the item and opens the public hearing.

Mayor Pro-Tem Scafani: Asks if the Council would like to have a town hall meeting regarding the housing element prior to the next meeting.

Councilmember Napier: Recommends putting the presentation on the City’s website for public access.

Planner Rees: Presents an overview of the draft housing element and the CEQA document.

Mayor Pro-Tem Scafani: Questions the letter from the waterboard regarding development in the industrial area.

Planner Rees: Clarifies that the waterboard was referring to former sites that had underground storage tanks; these sites are not identified in the housing element for development.

Public Comment:

Dave Ponte: Questions the necessity of the City of Blue Lake to comply with the State mandate.

Julie Christie: Questions if SHN is paid during the meetings; main concern is consistency with the City’s General Plan.

Planner Rees: States that the City accepted funding from the State to update the housing element and to complete the CEQA analysis; this went through a lengthy process.

Verda Pitts: Would like to have a town hall meeting on the housing element.

Mayor Sawatzky: Asks the City Manager what the steps are to have a town hall.

City Manager Mager: It’s within the purview of the Council to schedule a town hall and direct staff to participate.

Councilmember Lewis-Lusso: Questions why the process is taking so long and what would a town hall meeting add to the process.

Planner Rees: Explains the process and some level of concern within the community about growth.

Attorney Plotz: Recommends scheduling a town hall meeting; staff proposes to bring the element back in January for potential adoption. Councilmembers can attend a town hall without it being agendized if they don’t conduct themselves as a Council.
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Mayor Pro-Tem Scafani: Envisions a Q & A session in a roundtable format.

Mayor Sawatzky: Wants the meeting to be productive.

Councilmemer Lewis-Lusso: Would like to see people submit their questions in advance to allow staff to be prepared to provide answers.

Mayor Pro-Tem Scafani:

City Manager Mager: Explains that staff is working to get to a point where the Council can consider adoption; doesn’t see that a town hall will bring new information to the issue; the questions being received are not changing and the answers are not changing. Not being in compliance with the State puts the City in a very precarious position and small jurisdictions and projects are being sued by the State.

Councilmember Napier: Would like the town hall to provide another opportunity for the new Council to hear from the public.

Council directs staff to work on scheduling the town hall for January 11th.

Julie Christie: Comments on locations for the town hall meeting.

Mayor Sawatzky: Closes the public hearing; the item is continued to the January 28, 2025 meeting.

12. Humboldt County Association of Governments Unmet Transit Needs Public Hearing Michelle Nielsen, HCAOG representative provides an overview of the Unmet Transit Needs process, including an overview of program development.

Mayor Sawatzky opens the public hearing
Public Comment:

Mayor Pro-Tem Scafani: Questions if the survey that was developed by Sandy Bennett is being used by HCAOG.

City Manager Mager: Explains that the survey is being used by HTA to look at the development of alternative transit systems, including micro transit and dial-a-ride services.

Sandy Bennett: Provides a copy of the survey she developed to the Council. States that transit is needed in the community; previously utilized the transit service to run errands.

Julie Christie: Concerned about transit for McKinleyville High School students in the PM hours.

Dana Silvernale: Transit is important for people to access food.

Mayor Sawatzky closes the public hearing.

13. Consider Approval of a Revised Exclusive Right to Negotiate Agreement between the City of Blue Lake and PT Blue Lake Redevelopment LLC (“PowerTransitions”), for the Purchase or Lease of Approximately Six (6) Acres of City Owned Land Located on Assessor Parcel Number 025-161-003 and 312-161-016 for the Development of a Battery Energy Storage System Mayor Sawatzky introduces the item and reads the staff report.

Attorney Plotz provides an overview of the action, including a description of the Exclusive Right to Negotiate Agreement and what it requires of the City and the developer.

Mayor Pro-Tem Scafani: Questions the RFP process that RCEA is releasing.

Jeff Goldstein: Explains PowerTransitions intent to respond to the RFP; this process is a three-month process.

Councilmember Napier: Asks the attorney to simplify the process and the timelines.

Attorney Plotz: Explains the RFP process, the timeline and the timeline associated with the agreement.

Kit Mann: RCEA has a big appetite for battery storage.

Mayor Pro-Tem Scafani: Contacted RCEA about the RFP timeline; the solicitation is 90 days, not 30.

Jeff Goldstein: Explains that the process will take three months; they will have 30 days to prepare and submit a proposal and RCEA will have 60 days to evaluate the proposals and work on contract awards. 5 | P a g e
Mayor Pro-Tem Scafani: Questions if PowerTransitions would go forward with the project if they don’t have an agreement with RCEA.

Jeff Goldstein: If they have to contract with PG&E the process would be longer and wouldn’t be as feasible Public Comment:

Lori Ponte: Comments on having a town hall meeting and involving the community.

Dana Silvernale: States that she doesn’t know about the project but is concerned with environmental impacts.

Terry Bayless: Questions the safety of the proposed project.

Rebecca Collins: States concerns regarding public health and safety issues.

Julie Christie: The ERN allows for a lot of the questions to be answered; comments on the language regarding Land Gas Technologies dispute.

Kit Mann: The ERN allows the City and PowerTransitions to vet the project and get into the deeper details; there’s a lot of misinformation about the proposed project in the community.

Public Comment Closed
Mayor Pro-Tem Scafani: Questions the “exclusivity” language and how it affects the City’s ability to talk to others about the project or to research the project.

Attorney Plotz: The ERN does not preclude the City from looking into options or researching, but we can’t negotiate with anyone else in the timeframe established by the agreement. If PowerTransitions doesn’t receive an off-take agreement, the agreement will terminate in six months. This agreement facilitates the exchange of information, including meetings and town halls.

Councilmember Napier: If the Council doesn’t approve this today, hopes that PowerTransitions would give them time to review the terms and meet with the Attorney.

Attorney Plotz: States that this can happen but recommends scheduling it quickly; otherwise PowerTransitions will have a limited amount of time to submit a response to RCEA. Clarifies what can be discussed in a closed session; limited to price and tems.

Mayor Pro-Tem Scafani: Not comfortable making a decision; can’t articulate what it will take to get there.

Attorney Plotz: Delaying a decision puts the City and PowerTransitions at a competitive disadvantage with the RCEA solicitation.

Councilmember Napier: States that she will not sign a contract without understanding the terms and conditions.

City Manager Mager: Clarifies that a closed session cannot be used in that manner; a closed session has a very narrow framework.

Motion: To have a meeting on December 17, 2024.

Motion by: Mayor Pro-Tem Scafani
Motion dies for the lack of a second.

Councilmember Firor: States that he’s not comfortable with punting the issue; thinks the agreement is a good first step and allows us to get the information that we want to move forward with clean up of the property.

Mayor Pro-Tem Scafani: States that this is a big decision for folks that are sitting at this table for the first time tonight.

Councilmember Firor: States that this isn’t the first time that people have seen this issue and people have been reading their packets.
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Motion: To enter into an Exclusive Right to Negotiate Agreement between the City of Blue Lake and PT Blue Lake Redevelopment LLC (“PowerTransitions”), for the Purchase or Lease of Approximately Six (6) Acres of City Owned Land Located on Assessor Parcel Number 025-161-003 and 312-161-016 for the Development of a Battery Energy Storage System
Motion by: Councilmember Lewis-Lusso
Seconded by: Councilmemer Firor
Motion Summary: Ayes: Lewis-Lusso, Firor, Sawatzky; Nays: Napier, Scafani Motion Passes

14. Designation of Council Representatives for Commissions, Joint Powers Authorities and other Organizations Requiring a City Council Representative
Mayor Sawatzky introduces the item and reads the staff report City Manager Mager reviews the Council assignment process.

Councilmembers review the list of assignments and identify which assignments they would like to be assigned to as a primary or alternate.
*Council continues the item to the January meeting.

15. Consent Agenda
Mayor Pro-Tem Scafani: Pulls the Warrants and Disbursements and the meeting minutes.

Mayor Pro-Tem Scafani: Questions bike park expenditures and requests an update of funds available and funds raised. Doesn’t believe that the Council ever approved the bike park.

City Manager: States the City designated the land for the bike park. Staff will bring back a revenue and expenditure report for the Council.

Motion: To approve the Warrants and Disbursements
Motion by: Councilmember Napier
Motion Seconded by: Councilmember Firor
Motion Summary: Consensus
October 22, 2024 City Council Meeting Minutes
Mayor Pro-Tem Scafani: Wants it removed from the meeting minutes that she left the room.

Councilmember Lewis-Lusso: Comments that it doesn’t state when she re-entered the room.

Council discusses how meeting minutes are captured and what’s important to include. Attorney Plotz clarifies what is important to capture; keeping it sanitary is his recommendation.

Motion: To approve the meeting minutes with the changes discussed.

Motion by: Councilmember Napier
Seconded by: Councilmember Lewis-Lusso
Motion Summary: Consensus

16. Council Correspondence-None

17. Reports of Council and Staff:

City Manager Mager: Would like to provide Council with a more detailed manager report in January; wants to extend an invitation to Council to meet and discuss any projects or concerns individually. City staff is available to meet with Council as well to answer questions.

Council discusses a meeting schedule for January; staff recommends using the January 14th date as a Council training session and a working session.

Mayor Pro-Tem Scafani: Reports on the Parks and Recreation Commission meeting and upcoming holiday events.
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Mayor Sawatzky: Nothing to report
Councilmember Firor: Nothing to report
Councilmember Lewis-Lusso: Nothing to report
Councilmember Napier: Nothing to report

18. Future Agenda Items:
• Power Plant Issues
• Ad Hoc for Law Enforcement
• Budget Review
• Ad Hoc for Power Transitions negotiations
• Housing Element

19. Closed Session (10:10pm)
Motion: To enter into closed session
Motion by: Mayor Pro-Tem Scafani
Seconded by: Councilmember Firor
Public Comment:

Julie Christie: Comments on Council training and the responsibilities of the City Manager Motion Summary: Consensus
Motion: To come out of closed session at 11:15pm-No Reportable Action Motion by: Mayor Sawatzky
Seconded by: Councilmember Firor
Motion Summary: Consensus

11. Motion to Adjourn11:15pm
Motion by: Councilmember Firor
Seconded by: Councilmember Napier
Motion Summary: Consensus

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